Electoral Act 1993

Elections - Special voting

173B: Determining whether special voter qualified to vote

You could also call this:

"Checking if you can cast a special vote"

The Electoral Commission checks if you can vote with a special vote. They do this by looking at the form you filled out. They follow rules made under the Electoral Act 1993. The Electoral Commission can start checking before polling closes or before they check the voting rolls under section 175. You can have someone with you when the Electoral Commission checks your form. This person is called a scrutineer and they were appointed under section 172(4). The Electoral Commission lets scrutineers be present when they check forms. They can be at the Electoral Commission's office during this time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1564440.

This page was last updated on 14 January 2026 — View changes

Topics:

Government and voting > Elections

173A: Special voting by facsimile, or

"Voting by fax is no longer allowed"

174: Preliminary count of votes cast in polling place, or

"Counting votes at the polling station after voting finishes"

Part 6Elections
Special voting

173BDetermining whether special voter qualified to vote

The Electoral Commission must, in accordance with any regulations made under this Act, examine each declaration made by a person in respect of a special vote to determine whether the person is qualified to vote.
An examination under subsection (1) may be commenced before—
the close of polling:
the scrutiny of the rolls under section 175.

Every scrutineer appointed under section 172(4) may be present at the office of the Electoral Commission during an examination under subsection (1).

Notes

Section 173B: inserted, on 20 December 2025, by section 127 of the Electoral Amendment Act 2025 (2025 No 82).